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Thursday, October 10, 2013
Musharraf granted bail in Bugti murder case His lawyers claim he is now a free man;
ISLAMABAD: The Supreme Court on Wednesday granted bail to former military dictator and president General (retd) Pervez Musharraf in the murder case of former Balochistan chief minister and chieftain of the Bugti tribe Nawab Muhammad Akbar Bugti.
According to Reuters, Ahmed Raza Kasuri, the head of lawyers panel, claimed after the bail that his client was a free person and could go to Dubai any time.The former army chief had filed an appeal in the apex court against the Balochistan High Court’s rejection of his bail application in the Nawab Akbar Bugti murder case.
A three-member bench of the apex court, headed by Justice Nasir-ul-Mulk, Justice Sarmad Jalal Usmani and Justice Musheer Alam, granted him bail after finding no substantial evidence to involve him in the Nawab Akbar Bugti’s murder.
The court directed the former president to deposit two surety bonds of Rs1 million each with the Registrar of its office for bail.During the course of hearing, Jamil Bugti, son of Nawab Akbar Bugti who was a complainant in the instant case, did not turn up to attend the proceedings.
Raja Ibrahim Sati, the counsel for the former president while arguing before the court, contended that the bail application of his client was either rejected by the Anti-Terrorism Court (ATC) or the Balochistan High Court (BHC) on technical grounds.
The learned counsel further submitted that the BHC was of the view that since Musharraf was in Islamabad and not in the BHC territorial jurisdiction and he had not appeared before the Anti-Terrorism Court (ATC), Quetta, therefore, the former president was not entitled to bail.
Ibrahim Sati contended that Pervez Musharraf had been duly arrested by the Balochistan Police in the Akbar Bugti murder case and he was in the lock-up in that case for the last four to five months in the federal capital. He contended that the former president was not yet shifted to Balochistan due to security reasons.
Sati argued that his client had already filed a plea before the Anti-Terrorism Court, Quetta, seeking an exemption from appearing in person in the instant case. While justifying the arguments, he contended that for grant of bail, no physical appearance of his client was required in Quetta.
During the proceedings, the court asked Additional Prosecutor General Balochistan Tahir Iqbal Khattak to provide materials, proving the petitioner’s involvement in the criminal conspiracy against Akbar Bugti.
“What materials do you have against the petitioner to substantiate his involvement in the conspiracy against Akbar Bugti?” Justice Sarmad Jalal Osmany asked the additional prosecutor general.
“Musharraf was accused of being part of a criminal conspiracy against Nawab Akbar Bugti,” Tahir Khattak replied, adding that the former president was the chief executive and a CD recording was available with the complainant’s counsel displaying the attack on Bugti’s home.
He further contended that Musharraf had attacked the house of Akbar Bugti due to which the Bugti tribe chieftain had to take refuge in the mountains.“This is a criminal matter and you have to give us some solid materials against the petitioner,” Justice Nasir-ul-Mulk asked the additional prosecutor general.The court then stated that nosubstantial evidence was available to implicate Musharraf in the murder case.
Meanwhile, the court granted bail to former president General (retd) Pervez Musharraf directing him to deposit two surety bonds of Rs1 million each with the deputy registrar of the Supreme Court and disposed of the matter.
Musharraf had been involved in two high profile cases, including the murder of former prime minister Benazir Bhutto and the judges’ detention case. However, the courts had granted him bails in these cases.
Musharraf was, however, placed in house arrest at his luxury farmhouse in Chak Shahzad after the Balochistan Police arrested him in the murder case of Nawab Akbar Bugti. Apart from these cases, Musharraf had been made respondent in the Lal Masjid case pending before the apex court. Similarly, some identical petitions were also pending before the Supreme Court, seeking trial of the former military dictator for high treason.
In pursuance of the court’s order, the government on June 26 had informed the court about the initiation of an inquiry against the former military dictator for subverting and abrogating the Constitution by imposing emergency rule on November 3, 2007.
Attorney General Munir A Malik filed a reply in the Supreme Court, stating, “Prime Minister Nawaz Sharif has directed the Interior Secretary to order the Director General of Federal Investigation Agency (FIA) to constitute a special team of senior officers to initiate an inquiry relating to the acts of General (R) Pervez Musharraf of November 3, 2007 that may amount to high treason under Article 6 of the Constitution and to finalise as expeditiously as possible the statement of the case to be put up by the federal government before the special court to be constituted under the Criminal Law Amendment (Special Courts) Act, 1976.
“On the completion of the investigations, the federal government shall file the requisite complaint under Section 5 of the Criminal Law Amendment (Special Courts Act, 1976) and take steps to constitute the special court in accordance with Section 4 of the said Act for the trial of the offence,” the reply stated.
Meanwhile, soon after the court granted bail to former military dictator, his lawyers told reporters that he was now a free man and he could go everywhere, even abroad.Reuters adds: Musharraf could leave Pakistan as soon as Thursday after a decision by the SC paving the way for his release, his lawyer and a central leader of Musharraf’s All Pakistan Muslim League (APML) said.
“The jail staff present at his house will pack up and leave as soon as they get the orders from the lower court,” Ahmed Raza Kasuri, who heads the Musharraf defence team, told Reuters adding: “Musharraf can fly to Dubai tomorrow once these legal formalities are completed.”
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